Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court - Misconduct by Advocate-on-Record - Contemnor-Advocate-on-Record made mentioning before the Court in an extremely agitated and aggressive manner |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Suo Moto Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Contempt of Court - Misconduct by Advocate-on-Record - Contemnor-Advocate-on-Record made mentioning before the Court in an extremely agitated and aggressive manner - He alleged that Registry of Supreme Court of India colluded with the opposite litigant to hastily list the matter with the aim of Bench hunting and sought to produce a letter written by him to the Chief Justice regarding the same issue - Held: The contemnor has been practicing as an Advocate-on-Record since 2009 - He has been representing prestigious institutions, State Government and is obviously quite familiar with the practices of this Court - He cannot be said to be oblivious to the fact that no Bench is constituted by the Registry, but by the Chief Justice of Supreme Court - Thus, in an indirect manner, an imputation was impliedly made even against the Chief Justice though in the garb of a virulent attack on the Registry - The averments in the letter in question were palpably false - There was no change in the Bench nor case had been placed before the Special Bench, as alleged - Insofar listing is concerned, if inadvertently the matter was deleted Ji-om the Advance List but had re-appeared in the list, it was not surprising in view of the last order - It was not a case where an Advocate-on-Record was expressing some difficulty in seeking to make representation of the case on account of being unaware of the listing - Further, the records of the case show that the original writ petition was filed through another Advocate-on- Record, but contemnor appeared on the first date of hearing and thereafter three other Advocate-on-Records succeeded him - Subsequently, petitioner again engaged the contemnor who came into picture on the anvil of mentioning the matter - It is clear that the prior Advocate-on-Record refused to oblige the litigant petitioner for making unreasonable mentioning before the Court - It is the contemnor who utilised the opportunity to re-enter the scene, with the object of assisting the petitioner, in the endeavour of bench hunting, under the garb of allegations and insinuations, made against the Registry - The contemnor thus took a consciousdecision to be a pawn in the hands of the litigant, to scandalise theCourt and the Registry - The conduct was unbecoming of anadvocate much less an Advocate-on-Record in the Supreme Court -Thus, contemnor not permitted to practice as an Advocate-on-Record, for period of one month - Advocates - Supreme Court Rules,2013 - r.10, Or.IV - Bar Council Of India Rules - s.I of Chapter II.Part-VI. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2017 INSC 755 |
Petitioner | Suo Motu Contempt Petition (crl.) No.5 Of 2017 In Re : Mohit Chaudhary, Advocate |
SCR | [2017] 8 S.C.R. 764 |
Judgement Date | 2017-08-17 |
Case Number | 5 |
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